CHAPTER SCR 72
RETENTION AND MAINTENANCE OF COURT RECORDS
SCR 72.01   Retention of original record.
SCR 72.02   Procedure for disposal of court records.
SCR 72.03   Destruction of original court record after microfilming or electronically or optically storing.
SCR 72.04   Offer of title to historical society.
SCR 72.05   Retention of court records maintained as official or original information on electronic or optical storage systems.
SCR 72.06   Expunction.
Effective date note Note: SCR Chapter 72 was adopted March 5, 1987, eff. April 1, 1987; amended June 14, 1993; November 3, 1997; April 1, 1998; July 1, 2005; July 1, 2010; January 1, 2013; July 1, 2016.
72.01 SCR 72.01 Retention of original record. Except as provided in SCR 72.03 to 72.05, the original paper records of any court shall be retained in the custody of the court for the following minimum time periods:
72.01(1) (1) Civil case files. All papers deposited with the clerk of circuit court in every proceeding commenced under chs. 801 to 847, stats.: 20 years after entry of final order.
72.01(2) (2) Civil court record. A history and index of proceedings under chs. 801 to 847, stats.: 20 years after entry of final order.
72.01(3) (3) Civil minute record. A brief statement of in-court proceedings commenced under chs. 801 to 847, stats., generally maintained in the case file: 20 years after entry of final order.
72.01(5) (5) Judgment docket. A record of all money judgments: 20 years after initial docket entry.
72.01(6) (6) Lien claims. A statutory lien filed for services performed or materials provided: 30 years after the date of filing the lien claim with the clerk of circuit court, except as provided in subs. (6ag) and (6b).
72.01(6ag) (6ag) Construction liens. A statutory lien claim filed with the clerk of circuit court for services performed or materials provided for improvements, as defined in s. 779.01 (2) (a), stats.: 6 years after the date of filing the lien claim with the clerk of circuit court.
72.01(6b) (6b) Condominium liens. A statement of condominium lien filed with the clerk of circuit court under s. 703.165 (3), stats., for unpaid assessments, including interest and actual costs of collection: 7 years after the date of filing the statement of condominium lien with the clerk of circuit court.
72.01(7) (7) Delinquent unemployment compensation, public assistance and workers compensation payment warrants, and dockets. A record of delinquent unemployment compensation, public assistance, or workers compensation payments that have the effect of a final judgment: 20 years after initial docket entry.
72.01(7m) (7m) Delinquent income or franchise tax warrant dockets. A record of delinquent income or franchise tax warrants or liens: 10 years from the date of filing with the clerk of circuit court for warrants or liens filed before August 1, 1981; permanent from the date of filing with the clerk of circuit court for warrants or liens filed on August 1, 1981, to April 30, 2004; and 20 years from the date of filing with the clerk of circuit court for warrants or liens filed on or after May 1, 2004, unless renewed. If renewed, a new 20-year retention period begins from the date on which the renewal is filed with the clerk of circuit court.
72.01(8) (8) Small claims case files. All papers deposited with the clerk of circuit court in every proceeding commenced under ch. 799, stats.: 20 years after entry of final order or judgment for all cases, including contested cases, stipulated dismissals and default judgments; except 2 years from date of entry of judgment for cases dismissed because issue was not joined and the case was not disposed of by judgment or stipulation within 6 months from the original return date.
72.01(9) (9) Small claims court record. A history and index of proceedings: 20 years after entry of final order for contested cases, stipulated dismissals, and default judgments; except 2 years from the date of entry of judgment for cases dismissed because issue was not joined and the case was not disposed of by judgment or stipulation within 6 months from the original return date.
72.01(10) (10) Small claims minute record. A brief statement of in-court proceedings commenced under ch. 799, stats., generally maintained in the case file: 20 years after entry of final orders for contested cases, stipulated dismissals, and default judgments; except 2 years from the date of entry of judgment for cases dismissed because issue was not joined and the case was not disposed of by judgment or stipulation within 6 months from the original return date.
72.01(11) (11) Family case files. All papers deposited with the clerk of circuit court in every proceeding commenced under ch. 767, stats.:
72.01(11)(a) (a) 30 years after entry of judgment of divorce, legal separation, annulment, or paternity, or entry of a final order, except that after 30 years, for any case file for which related support or maintenance payments are continuing to be made, 7 years after final payment or after an order terminating maintenance is filed.
72.01(11)(b) (b) 5 years after entry of judgment or entry of a final order for dismissed divorces, legal separations, and annulments.
72.01(12) (12) Family court record. A history and index of proceedings:
72.01(12)(a) (a) 30 years after entry of judgment of divorce, legal separation, annulment, or paternity, or entry of a final order, except that after 30 years, for any court record for which related support or maintenance payments are continuing to be made, 7 years after final payment or after an order terminating maintenance is filed.
72.01(12)(b) (b) 5 years after entry of judgment or entry of a final order for dismissed divorces, legal separations, and annulments.
72.01(13) (13) Family court minute record. A brief statement of in-court proceedings commenced under ch. 767, stats., generally maintained in the case file:
72.01(13)(a) (a) 30 years after entry of judgment of divorce, legal separation, annulment, or paternity, or entry of a final order, except that after 30 years, for any court minutes for which related support or maintenance payments are continuing to be made, 7 years after final payment or after an order terminating maintenance is filed.
72.01(13)(b) (b) 5 years after entry of judgment or entry of a final order for dismissed divorces, legal separations, and annulments.
72.01(14) (14) Maintenance and support payment records. Records of maintenance and support payments received by the clerk of circuit court: 30 years after entry of judgment of divorce, legal separation, annulment, or paternity, or entry of a final order, except that after 30 years, for any payment records for which related support or maintenance payments are continuing to be made, 7 years after final payment or after an order terminating maintenance is filed.
72.01(15) (15) Felony case files. All papers deposited with the clerk of circuit court in proceedings commenced as felonies: 50 years after entry of final judgment; except for Class A felonies, 75 years after entry of final judgment.
72.01(16) (16) Felony court record. A history and index of proceedings commenced as felonies: 50 years after entry of final judgment; except for Class A felonies, 75 years after entry of final judgment.
72.01(17) (17) Felony minute record. A brief statement of in-court proceedings commenced as felonies, generally maintained in the case file: 50 years after entry of final judgment; except for Class A felonies, 75 years after entry of final judgment.
72.01(17g) (17g) Sexually violent person commitments. All papers deposited with the clerk of circuit court for the commitment of an inmate under ch. 980, stats.: 75 years after entry of final judgment.
72.01(17m) (17m) Sexually violent person commitment court record. A history and index of proceedings for the commitment of an inmate: 75 years after entry of final judgment.
72.01(17r) (17r) Sexually violent person commitment minute record. A brief statement of in-court proceedings for the commitment of an inmate, generally maintained in the case file: 75 years after entry of final judgment.
72.01(18) (18) Misdemeanor case files. All papers deposited with the clerk of circuit court in proceedings commenced as misdemeanors, including criminal traffic offenses: 20 years after entry of final judgment.
72.01(19) (19) Misdemeanor court record. A history and index of proceedings commenced as misdemeanors, including criminal traffic offenses: 20 years after entry of final judgment.
72.01(20) (20) Misdemeanor minute record. A brief statement of in-court proceedings commenced as misdemeanors, including criminal traffic offenses, generally maintained in the case file: 20 years after entry of final judgment.
72.01(20g) (20g) Complex forfeitures. All papers deposited with the clerk of circuit court in proceedings commenced as complex forfeitures: 20 years after entry of final judgment.
72.01(20m) (20m) Complex forfeiture court record. A history and index of proceedings commenced as complex forfeitures: 20 years after entry of final judgment.
72.01(20r) (20r) Complex forfeiture minute record. A brief statement of in-court proceedings commenced as complex forfeitures, generally maintained in the case file: 20 years after entry of final judgment.
72.01(24) (24) Traffic forfeiture, conservation forfeiture and ordinance violation case files. All papers deposited with the clerk of circuit court in proceedings commenced as traffic forfeitures, conservation forfeitures, or ordinance violations, including juvenile ordinance violations: 5 years after entry of final judgment.
72.01(24a) (24a) Traffic forfeiture, conservation forfeiture, and ordinance violation court record. A history and index of proceedings commenced as traffic forfeitures, conservation forfeitures, or ordinance violations, including juvenile ordinance violations: 5 years after entry of final judgment.
72.01(24m) (24m) Traffic forfeiture, conservation forfeiture, and ordinance violation minute record. A brief statement of in-court proceedings in actions commenced as traffic forfeitures, conservation forfeitures, or ordinance violations, including juvenile ordinance violations, generally maintained in the case file: 5 years after entry of final judgment.
72.01(26) (26) Records of John Doe proceedings. All papers deposited with the clerk of circuit court in proceedings commenced as John Doe actions: 75 years after date of final proceeding.
72.01(26m) (26m) Records of proceedings commenced under s. 968.02 (3), stats. All papers deposited with the clerk of circuit court in proceedings commenced under s. 968.02 (3), stats.: 75 years after date of final proceeding.
72.01(27) (27) Search warrants. Except as provided under sub. (27m), orders signed by a judge directing a law enforcement official to conduct searches: 75 years after filing with the court, unless filed with a case file.
72.01(27m) (27m) Juvenile court search warrants. Search warrants deposited with the juvenile court in proceedings under ch. 48 and 938, stats.: 15 years after filing with the court, unless filed with a case file.
72.01(28) (28) Records of grand jury proceedings. All papers deposited with the clerk of circuit court in proceedings commenced under s. 756.10, 1995 stats., or s. 968.40, stats.: 75 years after the date of final proceedings.
72.01(29) (29) Probate case files. All papers deposited with the register in probate in proceedings commenced under chs. 851 to 879, stats.: 75 years after entry of final judgment or order or an order discharging the personal representative or trustee.
72.01(30) (30) Probate court record. A history and index of proceedings commenced under chs. 851 to 879, stats.: 75 years after entry of final judgment or order, or an order discharging the personal representative or trustee.
72.01(31) (31) Probate minute record. A brief statement of in-court proceedings commenced under chs. 851 to 879, stats., generally maintained in the case file: 75 years after entry of final judgment or order, or an order discharging the personal representative or trustee.
72.01(32) (32) Guardianship case files.
72.01(32)(a)(a) All papers deposited with the register in probate in adult guardianship proceedings commenced under chs. 54 or 55, stats., or ch. 880, 2003 stats.: 7 years after termination of guardianship; except 75 years after termination of guardianship if there was a firearm restriction ordered; and except 7 years after death of the ward if there was a firearm restriction ordered.
72.01(32)(b) (b) All papers in juvenile guardianship proceedings commenced under chs. 48 or 54, stats., or ch. 880, 2003 stats.: 7 years after the juvenile's 18th birthday; except 75 years after termination of guardianship if there was a firearm restriction ordered; and except 7 years after death of the ward if there was a firearm restriction ordered.
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Wisconsin Supreme Court Rules updated by the Legislative Reference Bureau. Current through all Supreme Court Orders entered before October 2, 2017. Report errors at (608) 266-3561, FAX 264-6948.